In short, the consequence is that a worker can make or pursue certain claims in the labour tribunal. This could lead to the end of the worker`s employment. It may also impose confidentiality obligations on one or both parties. Often, these agreements also prevent parties from expressing harm and may contain an agreed indication that the employer must give. Miss McLean worked in a management position at TLC Marketing. Following her resignation in May 2007, she launched legal proceedings for discrimination on the basis of sex, victimization and violation of labour law. In April 2008, Acas was reached an agreement between an employee and an employer, used by Acas, stipulating that the employee accepts compensation instead of filing an application in an employment tribunal. The employment tribunal held that the co3 between TLC and McLean denoued the Tribunal`s jurisdiction to rule on the continuation of McLean`s victimization action, since the agreement had the effect of compromising all rights arising from their employment with TLC or associates. The conclusion of such an agreement has many effects. Among the various consequences, COT3 may ask the employee to waive certain claims that he did not intend. For example, these may be rights to personal injury and it is important to consider all potential claims in the circumstances, taking into account the magnitude of the waiver.
The advice they give you is limited to the terms of the agreement – for example, that you understand what you agree. They will not advise you on whether this is a good agreement or if you could have done better by going to court. Once a solution is found, the Acas Conciliator will record what was agreed on an Acas colonization form known as COT3. Both parties will sign it in the form of a formal protocol of the agreement. However, it is important to know that an agreement becomes binding to the point where both sides confirm in Acas their agreement on the terms. This can be done by phone or email. Like comparative agreements, the text of a COT3 and the regime it describes are generally negotiable, provided they occur at an early stage.